By Ashley Jacobson
On June 21, 2020 there was a man living with physical disability who attended a peaceful protest in Columbus, Ohio. Events took a scary turn when this man had his prosthetic limbs forcibly removed from his legs by police, who continued to attack him violently.
The following is a screen-reader accessible version of the email I sent to the named individuals:
“June 22, 2020
From the office of Ashley Jacobson, Esq., MA, CRC
To Mayor Andrew J. Ginther, ADA Compliance Officer Zane D. Jones, the City of Columbus, members of the City Council for Columbus, and the Columbus Division of Police:
On June 21, 2020 a man with physical disability had his prosthetic limbs forcibly removed and was physically attacked by Columbus police during a protest. I am a disability rights attorney who also holds a master’s degree and nationwide certification in counseling and assessing the needs of individuals with disabilities. Any involved officers’ actions are clear violations of constitutional and disability rights. This not only endangers people with disabilities in your jurisdiction but also implicates related departments and officers who are presently at-risk of private lawsuits and losing federal funding.
The Americans with Disabilities Act (ADA) is applicable to all individuals who meet one of the following criteria: 1. The individual has an impairment (physical or mental) that substantially limits one or more major life activities; 2. The individual has a history or record of such an impairment; or 3. The individual is perceived by others as having such an impairment. 42 U.S.C. §12102. The individual victimized by police on June 21, 2020 is covered under the federally-mandated protections of the ADA as an individual with limb amputations.
The ADA provides a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. §12101(b)(1). Title II of the ADA provides that “no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of…activities of a public entity, or be subject to discrimination by any such entity.” 42 USC §12132. The involved man with a disability was subject to discrimination by a public entity.
The Department of Justice states on its own ADA website that “Title II of the ADA prohibits discrimination against people with disabilities by law enforcement agencies” (read here). This specifically includes language stating that disability discrimination cannot occur by law enforcement when “interrogating witnesses,” “arresting, booking, and holding suspects,” “enforcing laws,” and “other duties.”
Additionally, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities under “any program or activity receiving Federal financial assistance.” Columbus Division of Police receives federal financial assistance. Section 2000d-7 of Title 42 provides that a “State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973” (read here). Pub L. No. 93-112, 87 Stat. 394 (Sept. 6, 1973). The Sixth Circuit Court of Appeals importantly held that private suits in circumstances of such disability discrimination are not barred (read ruling here). Therefore, the individuals and departments involved in this atrocity of disability discrimination in Columbus can be held accountable and liable under the law.
The targeting of individuals with disabilities by the Columbus Division of Police are far too familiar to the disability community. In the CDP’s own report on use of force from 2018, published in 2019, it was reported that the use of force on individuals with impairments or emotional disturbances accounted for 46.67% of all reported recipients of excessive force (read here). These numbers, as police lack qualified expertise to properly diagnose and assess crisis needs of individuals with disabilities, are likely low when taking into account all the individuals arrested by police who are wrongfully arrested based on misidentifying symptoms of disability as criminal behavior.
Any future similar violations towards people with disabilities will be done with continued clear knowledge of its illegality and will indicate the complicity of all who obstruct harsh and swift accountability against the individuals involved. The disability community is the largest minority in your jurisdiction and the United States. They are voters and consumers. There will be unending consequences to ignoring their cries for enforcement of their legal rights.
Sincerely,
Ashley Jacobson, Esq., MA, CRC
Disability Counselor, Assessment & Accommodations Specialist (nationwide CRC)
Disability Rights Attorney (state of Michigan) & Disability Advocate
legallyabled@gmail.com”
There are other steps you can take to join the fight to hold police accountable in Columbus.
1) Sign the petition found here (also found at the following link: http://chng.it/pnNX9JQy) and share the petition on your social media.
2) Send your own email, make your own call, and/or send your own letter. Here are some great people to contact:
Mayor Andrew J. Ginther: City Hall 2nd Floor, 90 West Broad Street, Columbus, OH 43215; Office phone: 614-645-7671; Email 311@columbus.gov; Twitter: @mayorginther; Instagram: @mayor_ginther
ADA Coordinator Zane D. Jones: ADA Compliance Office c/o Zane D. Jones, 77 N. Front St. Columbus, OH 43215; Email: zdjones@columbus.gov
City of Columbus General council contact: Instagram: @columbuscitycouncil, Twitter: @columbuscouncil
Shannon G. Hardin: Council President—Instagram: @sg_hardin, Twitter: @sg_hardin
Michael Brown: Chief of Staff
Zachary Davidson: Legislative Aide– Office: 614.645.5291; Email: ZGDavidson@Columbus.gov
Linda Capobianco: Legislative Assistant– Office: 614.645.2726; Email: LMCapobianco@columbus.gov
Elizabeth Brown: Council President Pro Tempore—Instagram: @lizclarkebrown, Twitter: @lizclarkebrown, second Twitter: @lizforus
Kelsey Ellingsen: Legislative Aide—Office phone: 614-645-7163, Email: KAEllingsen@columbus.gov
James Carmean: Legislative Assistant—Office phone: 614-724-4649; Email: JWCarmean@columbus.gov
Mitchell J. Brown: Council Member–only available through Denise Friend-Foster and Grant Ames
Denise Friend-Foster: Legislative Aide—Office phone: 614-724-4686, Email: DFriendFoster@columbus.gov
Grant Ames: Legislative Assistant—Office phone: 614-645-4605, Email: GMAmes@columbus.gov
Rob Dorans: Council Member—Instagram: @robdorans, Twitter: @robdorans
Kevin McCain: Legislative Aide—Office phone: 614-645-5829, Email: KBMccain@columbus.gov
Hannah Miller: Legislative Assistant—Office phone: 614-645-5568, Email: HNMiller@columbus.gov
Shayla Favor: Council Member—Instagram: @shaylafavor, Twitter: @sdfavor
Tyneisha Harden: Legislative Aide—Office phone: 614-645-3680, Email: TYHarden@columbus.gov
Charles Newman: Legislative Assistant—Office phone: 614-645-3680, Email: CENewman@columbus.gov
Emmanuel Remy: Council Member—Instagram: @emmanuel_v_remy
Jeffrey Carter: Legislative Aide—Office phone: 614-645-3559, email: jdcarter@columbus.gov
Lucille Frank: Legislative Assistant—Office phone: 614-724-4432, Email: LJFrank@columbus.gov
Priscilla Tyson: Council Member—contacted through legislative aide Nicole Harper and legislative assistant Carl Williams
Nicole Harper: Legislative Aide—Office phone: 614-645-2932, Email: NNHarper@columbus.gov
Carl Williams: Legislative Assistant—Office phone: 614-645-0854, Email: cgwilliams@columbus.gov
Columbus Division of Police:
Instagram: Columbus_police_
Twitter: @columbuspolice
Deputy Chief Bash
Columbus Division of Police
Deputy Chief Bash
Columbus, OH
Map and directions
Office phone: 614-645-4105
Internal Affairs Bureau Citizen Complaints
CONTACT US: To file a complaint (or concern) against Division personnel, please call (614) 645-4880. To file a compliment, contact us at (614) 645-4580. Or, to reach the main Internal Affairs office, please call (614) 645-4745.
You may also reach us via email at IABDeskSgt@columbuspolice.org
Columbus Division of Police
Internal Affairs Bureau Citizen Complaints
Columbus, OH
Map and directions
Office phone : 614-645-4880
Internal Affairs Bureau
Columbus Division of Police
Internal Affairs Bureau
Columbus, OH
Map and directions
Office phone:
Human Resources Administration
Columbus, OH
Map and directions
Office phone:
Professional Standards Bureau
Columbus, OH
Map and directions
Office phone:
Columbus Division of Police
Discipline/Grievance Liaison
Columbus, OH
Map and directions
Office phone:
Video of the event referenced above can be found by clicking here.
Legally Abled 